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Dayton weighs executive orders left by Pawlenty

Democratic Gov. Mark Dayton has a chance
to put an early stamp on state government before the Legislature
passes a single bill - by weighing in on a pile of executive orders
left over from his predecessor, Republican Tim Pawlenty.

One of Dayton's first acts after taking office was to rescind a
Pawlenty directive limiting Minnesota's participation in the
federal health care law.

Dozens of other executive orders issued by Pawlenty, a likely
presidential candidate, remain in effect through March - unless
Dayton undoes them or opts to keep them in effect longer. One order
in effect since early 2008 deepened the state's involvement in
enforcing federal immigration laws. Another removed officials'
discretion to release sex offenders from a locked treatment
program.

Dayton's deputy chief of staff Andrea Mokros said the
administration is reviewing the existing executive orders. She
didn't give a timetable for decisions. The orders stay in effect
for 90 days after the governor who issued them leaves office -
unless superseded by law or another executive order.

Pawlenty made headlines three years ago when he got Minnesota
more involved in enforcing federal immigration laws through two
executive orders, one of them expanding state law enforcement
involvement with Immigration and Customs Enforcement, the other
requiring state agencies and contractors to use an electronic
system to verify the immigration status of new hires.

"If you look at my record in Minnesota, I've done a number of
things to help the effort to take a more aggressive enforcement
posture as it relates to illegal immigration," Pawlenty told a
national audience in Washington on Thursday.

But the Minneapolis Democrat isn't asking Dayton to touch those
executive orders - she would rather see them die quietly. Torres
Ray said immigrant communities have more to gain by helping Dayton
build support for a high-end income tax increase to protect schools
and health care from budget cuts as the state wrestles with a $6.2
billion deficit.

"I would like to see Gov. Dayton be doing something much more
practical than using executive orders to do something symbolic,"
she said.

There is support for lifting the immigration orders early. Sen.
John Harrington, St. Paul's former police chief, said the law
enforcement order had a "very chilling" effect in greater
Minnesota, even though Minneapolis and St. Paul police aren't
involved. He would like to see Dayton scrap the order soon.

"From a police perspective and a public safety perspective it
is the wrong direction, and most major cities have recognized that
it's the wrong direction," said Harrington, a first-term Democrat.

Javier Morillo, president of the Service Employees International
Union Local 26 in Minneapolis, said it doesn't matter if Pawlenty's
immigration orders run out this month or in March - as long as long
as they expire.

"I think they should go away. The sooner the better," he said.
"I'm not personally nor is our organization lobbying for one way
or another."

Dayton also faces pressure to address a 2003 executive order
prohibiting state agencies from discharging or releasing sex
offenders committed to courts to treatment, unless required by law
or ordered by a court.

Republican House Speaker Kurt Zellers, who helped pass a
crackdown on sex offenders in 2005, said he hopes Dayton will
extend the order.

"We don't want to send any kind of message whatsoever that they
are going to leave prison or the secured facility in any way, shape
or form," said Zellers, R-Maple Grove. "I would recommend to the
governor to continue the policy."

State law allows governors to issue executive orders for
everything from weather emergencies to creating state agencies. The
authority gives them latitude to put a limited personal imprint on
state government without involving the Legislature. Couched in
flowery terms such as "whereas" and "hereby," the orders are
used to direct the National Guard to respond to flooding, adjust
seasonal weight restrictions for trucks on state roads and
establish commissions and councils.

Recent Minnesota governors, including Pawlenty, have extended a
selected batch of executive orders issued by their predecessors.